Thread: Judge wants to let DHS official off

Judge criticizes prosecution of Homeland Security official and postpones sentencing
June 18, 2010 07:57 PM

By Jonathan Saltzman, Globe Staff

A federal judge rebuked the government today for prosecuting a Department of Homeland Security official who employed an illegal immigrant as her housekeeper, saying prosecutors had been ``overreaching'' and ``crushed'' the defendant for what he characterized as a minor offense.

After unusually harsh criticism of prosecutors, US District Court Judge Douglas P. Woodlock postponed the sentencing of Lorraine Henderson until he decides whether to grant a motion by her lawyers to set aside the verdict and acquit her. Henderson was convicted in March of deliberately encouraging her Brazilian housekeeper to stay in the country illegally.

Woodlock said Henderson, who is suspended from her $140,000-a-year job helping to keep some of New England's key ports secure from illegal immigration, is the first person he knows of in the country charged with the felony of encouraging an illegal alien to stay in the US for having employed an undocumented housekeeper.

Although prosecutors might have had the authority to apply the law in the case, he said, it struck him as excessive and his sentence is likely to reflect his distaste. He also questioned whether the case could open the door to ordinary citizens being charged for hiring house cleaners who turn out to be illegal.

``This is a cleaning lady,'' he told prosecutors, a remark he made several times. ``There must be some sense of proportion.''

Woodlock also said he was troubled that authorities arrested Henderson in December 2008 and kept her in a holding cell for hours, rather than merely order her to appear in court on the charge. And he said a prosecutor might have violated court rules of conduct by telling the Globe hours after Henderson's arrest, ``She's supposed to be deporting aliens, not hiring them.''

Woodlock ordered US Attorney Carmen M. Ortiz's office to provide affidavits justifying prosecutors' actions that day.
Ortiz, who was present for part of the hearing, declined to address Woodlock's criticism afterward.

``As much as I would like to comment, it would be inappropriate to respond prior to sentencing,'' she said in a statement.

Henderson, 52, faces a maximum of five years in prison. Prosecutors said they will not seek incarceration but want her to spend three years on probation, including four months in a halfway house and four months in home confinement. Her lawyer, Francis J. DiMento, of Boston, has requested a year of unsupervised probation.

Both sides appeared to be caught off guard by the judge, who had presided over the trial and allowed the case to go to the jury. It is not unheard of for judges to delay sentencing hearings while considering motions. But Woodlock's irritation with the prosecutors -- he repeatedly cut them off and dismissed some of their explanations -- was striking.

Standing before him in a hearing that lasted two hours, prosecutors told Woodlock that they had charged Henderson because of the unusual circumstances of the case. She had worked as the Boston area port director for Customs and Border Protection, knew about an internal warning for employees not to hire illegal immigrants, and had been told by a coworker that her cleaning woman was in the country illegally.

Nonetheless, prosecutors said, Henderson continued to employ the woman, Fabiana Bitencourt, 31, of Peabody, to clean her four-level townhouse in Salem every couple of weeks from 2004 to 2008. The cleaning woman testified at trial that she charged $75 each time.

Bitencourt was ultimately confronted by Customs and Border Protection agents, who had been tipped off by Henderson's supervisors. Bitencourt agreed to cooperate with the government by wearing a wire. She secretly tape-recorded Henderson advising her not to leave the country or she would be deported.

The housekeeper is now a legal resident.

``We would certainly not have brought this case...if it was simply someone employing an illegal alien,'' said Assistant US Attorney John T. McNeil, deputy chief of the criminal division, who obtained the indictment of Henderson. He hastily joined Assistant US Attorney Diane C. Freniere, who tried the case, at the table in front of Woodlock after the judge expressed irritation with Freniere's responses.

Woodlock conceded that it was no surprise that Henderson ended up ``in your crosshairs,'' given her job. He said the case represented ``hapless hypocrisy on the part of Ms. Henderson'' colliding with a ``stern and solemn sanctimony'' by prosecutors.

Nonetheless, he said, Henderson's life has been shattered by the case even though Customs and Border Protection's own rules would impose a suspension of only 14 days for an employee who associates with illegal aliens.

Henderson, who rose through the ranks of the US Customs Service after starting as a clerk at age 17, now works at a pet store. She brushed away tears for much of the hearing.

Henderson declined to comment afterward, saying she is still technically a Customs and Border Protection employee and is barred from speaking with reporters. But a handful of supporters who attended the hearing seemed to be buoyed by Woodlock's remarks and left the courtroom smiling.

Woodlock, who gave no timetable for ruling on the request to acquit Henderson, said he might conclude that prosecutors had the authority to go after her. Even so, he said, the public should decide whether the case was a ``productive use of the United States Attorney's Office.''

In the immediate aftermath of Henderson's arrest, prosecutors characterized the case as an extraordinary example of hypocrisy by a law enforcement official.

But advocates for immigration reform said it illustrated the broken nature of the immigration system and the near impossibility for ordinary Americans to avoid doing business with undocumented workers.

Saltzman can be reached at jsaltzman@globe.com.

http://www.boston.com/news/local/breaki ... icize.html

A federal judge rebuked the government today for prosecuting a Department of Homeland Security official who employed an illegal immigrant as her housekeeper, saying prosecutors had been ``overreaching'' and ``crushed'' the defendant for what he characterized as a minor offense.

Essentially, we have a judicial activist, who is going to throw out a conviction reached by a jury of this woman's peers. After that, she will get her job back, overseeing the enforcement of this nation's immigration laws.

Is it any wonder why we have millions of illegal invaders squatting in this country? The very people responsible for enforcing this nation's laws are working very hard on behalf of illegal invaders everywhere.

Woodlock, who gave no timetable for ruling on the request to acquit Henderson, said he might conclude that prosecutors had the authority to go after her. Even so, he said, the public should decide whether the case was a ``productive use of the United States Attorney's Office.''

We have a top official with DHS who was knowingly employing an illegal invader. The public did decide, when a jury of her peers found her guilty as charged! That's the only public input that's relevant in this case.

Nonetheless, he said, Henderson's life has been shattered by the case even though Customs and Border Protection's own rules would impose a suspension of only 14 days for an employee who associates with illegal aliens.

She didn't just associate with an illegal invader, she employed the invader! Also, most people's lives, I assume, are shattered when charged and convicted of a crime. Why should this woman get special consideration.

Both sides appeared to be caught off guard by the judge, who had presided over the trial and allowed the case to go to the jury. It is not unheard of for judges to delay sentencing hearings while considering motions. But Woodlock's irritation with the prosecutors -- he repeatedly cut them off and dismissed some of their explanations -- was striking.

Of course he did! He did not believe this woman should be prosecuted from the get go !What's striking is this judge has allowed his personal feelings or political views to influence his actions in this case. That's what's striking!

She will probably lose her job with CBP and get the year of unsupervised probation requested by defense.

what an idiot judge!

throw the book at the woman for hiring an illegal.
there should be no "if, and's, are but's about it"

Originally Posted by Richard

She will probably lose her job with CBP and get the year of unsupervised probation requested by defense.

If the conviction stands she will lose her job, but why would she lose her job if the conviction is overturned like this judge is considering? Currently, she's only suspended from her job, with the final resolution pending the outcome of this case no doubt.

Lets hope the conviction stands and she does lose her job. I have no desire to see this woman rot in prison, but she should never again be employed by the CBP.

America might just be a little safer.